"Grandmother Kasia" in court again. A well-known activist was convicted of biting a pro-life volunteer during the demonstration. The court of first instance granted her 10 months of restrictions on freedom, but this conviction was softened during an appeal proceeding at the territory Court in Warsaw. The appeal to the first judgement raised, among others, the question of the impartiality of the judge.
Catherine A., known as Grandma Kasia, she was accused of insulting and violating the physical integrity of a volunteer of the Pro-Life Law Foundation - the activist was expected to bite him on May 1, 2022 during a legal demonstration in Castle Square.
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On November 25, 2024, he collapsed in this case. invalid judgment court and instance.
District Court for Warsaw-Śródmieście sentenced the activist to 10 months of restrictions on freedom and obliged it to execute free, controlled Social work 30 hours a month. Catherine A. is besides to pay 3 1000 zlotys to the victim and to cover the costs of proceedings.
An appeal from this judgement was made by the defendant.
Defender of Grandma Kasi: The case was ruled by a biased jury
On Thursday before the territory Court in Warsaw, an appeal proceeding was held. During the gathering representing the activist, Radtist Tomke Ptasiński stated that he was present in the case absolute appeal.
He pointed out, among others, that the Judicial composition. . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Ptasiński assessed that the competition for the position of justice was "unfair". - She was the only candidate. It was her first appointment.... The circumstances of the judge's appointment are very crucial to the case and the defendant, who is simply a well-known activist fighting for the justice strategy - said the defendant's attorney.
He emphasized that his client acted under the influence of emotion and was provoked by pro-life volunteers, and the event should be considered in the context of World-view dispute.
Pro-life volunteer lawyer about Grandma Kasi: Expresses his views in a way that violates the rights of others
Advocate Bartosz Malewski, representing the injured volunteer, referred to the appeal, stressing that it is essential to indicate specific grounds for the deficiency of impartiality of the judgewhich could justify his exclusion from the case.
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He noted that The suspect deliberately went to the scene of pro-life activists' manifestation to disrupt it. - any unusual coincidence both in the present case and many of the others, the accused always enjoys the constitutional right to express her views in a way that violates the rights of others - said the lawyer.
He added that in this situation it was hard to talk of the insignificant social harm of the act.
Grandma Kasia: It was my protest as part of the opportunities I had
The activist herself stressed that its action had nothing to do with deliberately disturbing anyoneAnd before the incidental she was accused of, she was on a walk.
Referring to the message, banners or pro-life vans, she stated that they have "a slanderous and lying message that cannot be listened to". - I've been protesting it for years. This message is defaming and humiliating.... It was my protest as part of the opportunities I had. - said in the courtroom.
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Katarzyna A. stressed that during the event her property was destroyed, including a whistle and a wuvuzela, and the police did not react. - I participate in protests... I can't passively watch what's going on. ... I have the right to exercise my constitutional powers. - stressed the activist.
Judge Michael Dolezal then ordered a recess, after which he announced his sentence.
The court softens the judgement against Granny Kasi
District Court in Warsaw softened the conviction against the activist And he gave her punishment. 4 months of restrictions on freedomby obliging her to 20 hours free, controlled work for social purposes per month. He besides released her from paying court fees.
Judge Michał Doleczal stressed in his oral message that in the judgement of the court, the defence’s appeal as to the substance is unfounded. According to the territory Court in Warsaw, it should be stressed that the specified fact that a justice is active in a defective selection procedure does not constitute an automatic reason to conclude that there is uncertainty about his impartiality.
Judge Dolezal reported that the court examined the career of justice Katarzyna Olczak and consulted on it, which proved positive. "This is simply a world-view issue in a larger dimension, not a political one. ... In this case, the fundamental independency of a territory court justice may be referred to - stated justice Doleczal.
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He pointed to reading the evidence of the proceedings or the recordings on which you can see and hear what happened. "If we put together this evidence, the territory court had a basis for specified conclusions," the justice pointed out.
He added that According to the court, the social harm of the act is not negligible, but is not advanced either. The context of the full case should besides be taken into account. - Given all the circumstances, the court found that the suspect had the right to protest. However, she went besides far in her form of protest - the justice explained.
The conviction is final.
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